Family Recovers $4.25M for Birth Injuries

In early October, a King County Superior Court jury awarded the family of a Maple Valley, Washington girl $4.25 million dollars based on negligence during her birth by the Evergreen Hospital Medical Center in Kirkland, Wa. Miriam Tavares, now five years old, was born at Evergreen, and her family's medical malpractice lawsuit alleged that her high-risk birth was not handled properly by hospital staff, resulting in her cerebral palsy and other brain injuries.

Hospital Will Appeal

The hospital says that it will appeal the jury's award; its lawyers contended during the trial that Miriam's injuries occurred before her mother arrived at the hospital. However, the Tavares family blamed the hospital for a 20-minute period of oxygen deprivation that Miriam experienced at the hospital.

High-Risk Medical History Not Taken Into Account

On the night of May 30, 2003, mother Sharla Tavares checked into Evergreen Hospital, experiencing contractions a day before her scheduled C-section. She had a known history of high-risk complications, but the obstetrician on duty was not notified of her high-risk status. When Tavares' fetal monitor showed distress, the staff did not immediately notify the obstetrician, who by that point was not in the hospital.

Born Lifeless

Miriam has suffered at least 20 minutes of oxygen deprivation by the time she was born, lifeless, that night. She was resuscitated but today has cerebral palsy and must be fed through a gastric tube.

Her family had sought $8 million to cover Miriam's medical expenses to the age of 40. After three days of deliberation, the jury arrived a the lesser award based on Miriam's short life expectancy, according to Ron Bemis, an attorney for the Tavares family.

(Source: Seattle Times)

Get Legal Help for Birth Injuries

If your child was born with cerebral palsy or other birth injuries due to medical negligence, contact us today to speak to an experienced, aggressive cerebral palsy attorney. You may be eligible for financial compensation to cover all physical and psychological losses.